Wins + Clients

Callidus Software Inc.

Orrick represented Callidus Software Inc., in a putative class action filed in the U.S. District Court for the Northern District of California by a leading plaintiffs firm. The Orrick team obtained a dismissal with prejudice after the plaintiffs declined to amend the complaint following dismissal with leave to amend.

Chesapeake Energy Corporation

Orrick represented Chesapeake Energy Corporation in a putative class action filed in the U.S. District Court for the Western District of Oklahoma by a leading plaintiffs firm. The Orrick team obtained a dismissal with prejudice.

Citrix Systems, Inc.

Orrick represented Citrix Systems, Inc., in a putative class action filed in the U.S. District Court for the Southern District of Florida by a leading plaintiffs firm. The Orrick team obtained a dismissal with prejudice.

eBay Inc.

Orrick represented eBay Inc., in a putative class action filed in Delaware Chancery Court and the Superior Court of California in Santa Clara County by a leading plaintiffs firm. In litigation arising out of merger transactions, the Orrick team obtained a voluntary dismissal without payment.

IMPAC Medical Systems, Inc.

Orrick represented IMPAC Medical Systems, Inc., in a putative class action filed in the U.S. District Court for the Northern District of California by a leading plaintiffs firm. The Orrick team obtained a voluntary dismissal by the plaintiffs.

Lehman Brothers

Orrick represented the investment bank underwriters of the secondary public offering by Metricom, Inc., in a securities class action filed in the U.S. District Court for the Northern District of California. The plaintiffs claimed investors were misled regarding a $300 million investment in the company and $388 million in guaranteed subscriber fees from MCI WorldCom. The Orrick team obtained a dismissal with prejudice and a unanimous affirmance from the U.S. Court of Appeals for the Ninth Circuit.

Merrill Lynch

Orrick represented the investment bank underwriters of the secondary public offering by Metricom, Inc., in a securities class action filed in the U.S. District Court for the Northern District of California. The plaintiffs claimed investors were misled regarding a $300 million investment in the company and $388 million in guaranteed subscriber fees from MCI WorldCom. The Orrick team obtained a dismissal with prejudice and a unanimous affirmance from the U.S. Court of Appeals for the Ninth Circuit.

Molina Healthcare, Inc.

Orrick represented Molina Healthcare, Inc., and certain of its officers in a consolidated securities class action filed in U.S. District Court for the Central District of California. The case arose after the company announced it would not meet previously announced earnings estimates, which resulted in a dramatic stock price drop in a single day’s trading. The Orrick team obtained a dismissal with prejudice.

NVIDIA Corporation

Orrick represented NVIDIA Corporation in a putative class action filed in the U.S. District Court for the Northern District of California by a leading plaintiffs firm. The Orrick team obtained a dismissal with prejudice.

Orrick represented NVIDIA corporation in a suit filed in the U.S. Bankruptcy Court for the Northern District of California by a trustee of 3dfx Interactive, a company NVIDIA acquired in 2001. Following a bench trial, the Court found in favor of NVIDIA on all issues.

PricewaterhouseCoopers LLP

Orrick represented PricewaterhouseCoopers LLP, in a securities class action based on a dismissal in 2005 in U.S. District Court in New York. This case arose out of the failure and bankruptcy of Agway, Inc., a large agricultural cooperative. The Second Circuit Court of Appeals summarily affirmed the dismissal of all claims and also dismissed the claim as time-barred.

Orrick represented PricewaterhouseCoopers LLP, in consolidated securities fraud class actions in U.S. District Court in Maryland. This case arose regarding financial statements of Acterna Corporation, which were audited by PricewaterhouseCoopers. The case was one of the first to apply a Supreme Court decision, which held securities fraud plaintiffs cannot allege loss causation by claiming they purchased securities at an inflated price. The Orrick team obtained the dismissal of all claims.

Orrick represented PricewaterhouseCoopers LLP, in a securities fraud claim in U.S. District Court in New York. This case arose from the restatement of financial statements by The BISYS Group. The Orrick team obtained dismissal after The Court rejected plaintiffs’ arguments based on the magnitude of the restatement and the so-called "red flags" plaintiffs alleged should have alerted PricewaterhouseCoopers (the company's auditor) to the fraud.

Remedy Corporation

Orrick represented the former directors and officers of Remedy Corporation in a putative class action filed in the Superior Court of California in San Diego County by a leading plaintiffs firm. The Orrick team obtained a voluntary dismissal after payment of costs by the insurer.

Retek Inc.

Orrick represented Retek Inc., and its board of directors in a complaint filed by Retek shareholders who attempted to enjoin a merger between Retek and Oracle Corporation. The plaintiffs alleged a variety of fiduciary duty claims in the complaint. The Orrick team defeated the attempt to enjoin and also obtained a dismissal with prejudice. The Retek merger with Oracle was accomplished successfully, and the plaintiffs received nothing.

Siebel Systems

Orrick represented Siebel Systems, Inc., in parallel actions in federal and state courts. After shareholders alleged Siebel misrepresented customer satisfaction levels and a product release, the Orrick team obtained a dismissal for the federal class action. The team also obtained a dismissal for the state derivative action after claims for breach of fiduciary duties based on the same allegations.

SINA Corporation

Orrick represented SINA Corporation, a China-based Internet company, in a consolidated securities class action complaint filed in U.S. District Court in the Southern District of New York. The Orrick team obtained a dismissal without leave to amend after only a single round of pleading.

Sunglass Hut

Orrick represented Sunglass Hut International, Inc., in a putative class action filed in the U.S. District Court for the Middle District of Florida by a leading plaintiffs firm. The Orrick team obtained a dismissal with prejudice.

Thane International, Inc.

Orrick represented Thane International, Inc., in the only class action trial under the Securities Act of 1933 and the sixth securities class action trial tried to verdict in the last decade. A group of Thane shareholders alleged a merger prospectus had misrepresented how the combined company would be listed on NASDAQ. The Orrick team obtained a complete defense verdict.

VantagePoint Venture Partners

Orrick represented VantagePoint Venture Partners in a high-profile suit arising from the sale of the MySpace Inc. parent company, InterMix Media, Inc., to News Corporation in 2005. The plaintiffs, former shareholders of Intermix Media, alleged VantagePoint (the main investor in Intermix) and former Intermix directors breached their fiduciary duties by selling the company at an unfair price. The Orrick team obtained a dismissal with prejudice.

Orrick represented VantagePoint Venture Partners in California state court after the Intermix Media founder brought employment and unfair competition claims, based upon his resignation from the company in 2003 and the sale to News Corporation in 2005. The Orrick team obtained a dismissal.

Watchguard Technologies Inc.

Orrick represented WatchGuard Technologies, Inc., in a securities fraud class action in U.S. District Court for the Western District of Washington. The plaintiffs alleged management artificially inflated revenue, and WatchGuard officers knowingly submitted false Sarbanes-Oxley certifications. The Orrick Team obtained a dismissal with prejudice without hearing an oral argument after the Court dismissed an amended complaint based on Orrick briefs.

WellPoint Health Networks Inc.

Orrick represented WellPoint Health Networks Inc., in a putative class action filed in the Superior Court of California in Los Angeles County by a leading plaintiffs firm. The Orrick team obtained a settlement for de minimis amount after the team’s first motion to dismiss was granted with leave to amend the complaint.

Ikanos Communications, Inc.

Orrick represented Ikanos Communications, Inc., in a complaint filed in the Southern District of New York that alleged violations of Sections 11 and 12 of the Securities Act of 1933. The Orrick team obtained a complete dismissal with prejudice of the plaintiffs' first amended complaint on the initial round of briefing.

NovaStar

Orrick represented NovaStar Financial Inc., and obtained the first Court of Appeals ruling affirming dismissal of all securities claims against a subprime lender.